Binay Kumar Singha vs The State Of Assam And Anr
2023 Latest Caselaw 2754 Gua

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GAHC010149942023




                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                          Case No. : I.A.(Crl.)/591/2023



         BINAY KUMAR SINGHA
         S/O. LT. BIRAHARI SINGHA
         R/O. VILL. VITOR GANGAPUR PART-I
         P.S. BORKHOLA
         DIST. CACHAR
         ASSAM.


          VERSUS

         THE STATE OF ASSAM AND ANR.
         REP. BY PP
         ASSAM.

         2:AJIT DEB
         S/O. LT. AKHIL CHANDRA DEB
          R/O. VILL. DHOLCHERRA PART-II
          P.O. JAROITOLA BAZAR
          P.S. BORKHOLA
          DIST. CACHAR
         ASSAM.
          ------------
         Advocate for : MR F A LASKAR
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR.
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                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                        ORDER

25.07.2023

Heard Mr. F.A. Laskar, learned counsel for the applicant and Mr. B. Sarma, learned Addl. P.P. for the State respondent.

2. This interlocutory application, under Section 389 of the Cr.P.C. is preferred by the applicant, Binay Kumar Singha for suspending the sentence rendered by the learned Special Judge, POCSO, Cachar in Special [P] Case No. 14/2021.

3. It is to be noted here that vide impugned judgment and order dated 19.06.2023, the learned Special Judge, POCSO, Cachar has convicted the applicant under Section 354 of the IPC and sentenced him to undergo rigorous imprisonment for 2 years and also to pay a fine of Rs. 10,000/- with default stipulation.

4. The connected appeal has already been admitted and the record has already been called for and the notice has also been issued to the respondent No. 2.

5. Let the notice be issued to the respondent no. 2, within a week from today, returnable in 4 weeks, by registered post with A/D and usual process. As Mr. Sarma, learned Addl. P.P. has appeared and accepted notice on behalf of the State respondent, no formal notice is required to be issued. However, extra requisite copy of the petition be furnished to the State respondent during the course of the day.

6. List the matter after 4 [four] weeks.

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7. Till returnable date, the applicant is allowed to remain on previous bail.

JUDGE

Comparing Assistant